480 HIGH COURT OF CHANCERY.

to enable him to obtain the money required for the purchase,
she, together with her husband, executed to him a deed of
conveyance of the land, which he mortgaged to Mrs. Herbert,
from whom he borrowed the money, as a security for its re-
payment.

The amount of the money thus raised upon the mortgage
was $160, of which, $100 was paid to Hendon on account of
the land, and the rest was paid to him, for some articles of
personal property, which had been also sold for the husband's
debts^and purchased by said Hendon. The deed from Hendon
to Hayes was absolute on the face of it, as was also the one from
the complainant and her husband to him, and although a
money consideration was expressed in the latter, none was
ever paid.

The defendant Hayes, claiming to hold the absolute estate
in the property conveyed by these deeds, the complainant in-
stituted this suit against him, contending, that the object of the
whole transaction, was, by conveying the property to the de-
fendant, Thomas I. Hayes, in trust for her separate use, to
secure it from the further execution for her husband's debts,
(his interest therein having been several times sold by his
creditors, and redeemed by her,) and ^hat, although there was
no such trust expressed in the deeds, it was the clear under-
standing with Hayes, that he was to take the estate conveyed
by them, subject thereto, the complainant prayed that Hayes
might be declared to hold the property in trust for her separate
use; that he should be compelled to convey the same to a new
trustee, and account for the profits received from it by him;

and for general relief. By a supplemental bill afterwards filed,
she prayed that the deed from herself, and her husband, might
be declared void, and that she might be declared to hold the
property to her separate use. The defendant, in his answer,
denied the trust, and relied also upon the statute of frauds.

In addition to the above facts, disclosed by the pleadings
and proofs in the cause, it was also proved, that the complain-
ant was an aged woman, and unacquainted with business
matters; and that, whilst the negotiation was pending, Hayes